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Home My WebLink About810858.tiff RESOLUTION RE: ACCEPTANCE OF ABANDONED PORTION OF STATE HIGHWAY 392 AND AUTHORIZATION FOR THE BOARD OF COUNTY COMMISSIONERS TO SIGN AN AGREEMENT WITH THE COLORADO STATE DEPARTMENT OF HIGHWAYS WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to Colorado statute and the Weld County Home Rule Charter, is vested with the authority of administering the affairs of Weld County, Colorado, and WHEREAS, when sections of State Highway 392 were constructed, the Colorado Department of Highways took over maintenance of those reconstructed sections , and the former sections of State Highway 392 were abandoned by the Department of Highways , and WHEREAS, the Colorado Department of Highways is ready to accept for maintenance the section of State Highway 392 beginning 1 .1 miles west of Barnesville and extending northeasterly for approximately 6. 6 miles, and WHEREAS , prior to the acceptance by the Department of High- ways of the above stated section of State Highway 392 , the Depart- ment of Highways needs to have a commitment from Weld County to accept the abandoned portions of State Highway 392, and WHEREAS, the Department of Highways has also asked that the Board of County Commissioners sign an agreement accepting said abandoned section of State Highway 392 into the County road system. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commis- sioners of Weld County, Colorado that the abandoned section of State Highway 392 be, and hereby is , accepted into the County road system. BE IT FURTHER RESOLVED by the Board of County Commissioners that said Board is authorized to sign the agreement submitted by the Colorado Department of Highways concerning acceptance of the abandoned portions of State Highway 392 . Ea doi' The above and foregoing Resolution was , on motion duly made and seconded, adopted by the following vote on the 27th day of May, A.D. , 1981. BOARD OF COUNTY COMMISSIONERS /7 ATTEST: i � ;A C(ALtacc .v WE COUNTY, C ORADO Weld County Clerk and Recorder (Aye) an Clerk to the Boat uck Carlso , Chairman BY: v .i��-� �a'y tea,. (Aye) Deputy County Clerk / Norman Carlson, Pro-Tem A 0 ED AS TO FORM ABSENT DATE SIGNED (Aye) h\/1 C. W.W. Kirby U > County Attorney c (A e) J n T. Martin ye) ne K. Steinmark DATE PRESENTED: JUNE 1, 1981 .c. Nv1 ) 'o COLORADO STATE DEPARTMENT OF HIGHWAYS * * DIVISION OF HIGHWAYS S.H. 392 41876 August 7, 1981 Mr. Chuck Carlson, Chairman Board of Weld County Commissioners P. 0. Box 758 Greeley, Colorado 80632 Dear Chuck: The State Highway Comission at its monthly meeting on July 16, 1981 passed Resolution #1130-D (copy attached) abandoning those por- tions of the old alignment which are outside of the new State Highway 392 right of way effective as of that date. Although the Board of Weld County Commissioners passed a resolu- tion dated May 27, 1981 accepting the abandoned portions of old State Highway 392, I have been informed by our Staff Office in Denver that since the County's resolution precedes the date of abandonment by the State Highway Commission, it will be necessary to pass a new resolution reflecting acceptance after the date of abandonment. This resolution must be passed within ninety days of the date of abandonment, otherwise the abandoned right of way will revert back to the original landowners. As a reminder, the County should include the portion of abandoned State Highway accepted onto the County System in their annual report of County roadway mileage for the County's share of Highway Users Tax Fund. Sincerely, DWIGHT M. BOWER DISTRICT ENGINEER Albert Chotvacs Assistant District Engineer AC/jm Attachment cc: Wayne Smyth, Weld County Engineer S\OMEF H. Atchison CON�IS D. A K. Acker NEIL ] s' � J. C. Peterson 1 poi , ,t;D. M. Graham }`^ M ``‘JC1 L. G. Duncan 1'\{ °p, P.O. BOX 850 GREELEY, CO 80632 (303) 353-1232 4 ' Y nay F e *� Yy.L S RES. NO. 1130-D WHEREAS, S.H. 392 near Barnesville was relocated by Project C03-0392-03 in Con-tic( Weld County; and WHEREAS, the State Highway Commission has the statutory responsibility to approve abandonments of state highways due to relocation as specified in C.R.! 42-2-106; and WHEREAS, the county commissioners of Weld County adopted a resolution May 27, stating their agreement to accept the abandoned portion of S.H. 392 onto thei) county road system; and WHEREAS, it appears that no landowners will suffer damages due to the abandonn and WHEREAS, THIS ACTION BY THE State Highway Commission supports the Highway Department goal to increase the travel benefits per tax dollar through increas Highway Department efficiency, economy, and productivity. NOW, THEREFORE BE IT RESOLVED that the portion of Project C03-0392-03 between stations 482+24.46 and 649+50 be relocated to follow the alignment of said pro and RE IT FURTHER RESOLVED that those portions of the old alignment which are outs the new State Highway 392 right-of-way be abandoned from the State Highway Sys effective this date. (07_ . ->g; _i "'n"r aR a 1 4C'144 47 Y 7.•� P 4Y�.� z r t t f sd� ..fit • 4 --`\ Mr. Dwight M. Bower District Engineer District IV Colorado Division of Highways P. 0. Box 850 Greeley, CO 80631 Dear Mr. Bower: We concur in the relocation of a portion of S.H. 392 to follow the alignment as defined under Project C 03-0392-03 (Phase 1 & 2) . We also concur that all portions of the old highway outside of the present right of way of the new relocation be abandoned. Upon aban- donment of those portions of the old highway by the State Highway Commission, the County will, within ninety days, pass a resolution accepting the road intowtthe County system. 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Box 758 Greeley, CO 80631 Dear Chuck: In responding to requests by the Board of Weld County Commissioners to have Weld County Road 392 between Barnesville and Briggsdale placed on the State Highway, it was necessary to place portions of Weld County Road 392 on the State Highway System that are no longer required as a part of State Highway 392. This is due to the realignment and subsequent reconstruction of S.H. 392 to follow the old U.P.R.R. alignment and eliminate three right angle turns in the vicinity of Barnesville. Although there was never any written agreement, we believe there was an implied and mutual understanding that as sections of S.H. 392 were re- constructed and the Department of Highways took over the maintenance of those reconstructed sections, then those sections of S.H. 392 and former County Road 392, not on S.H. 392 as relocated, would be abandoned by the Department. These abandoned portions then would become a commitment of the County to either accept into their system if needed to provide continuity to their system or access to land parcels that might otherwise become land locked. If not needed as part of the County road system, the right of way will revert to the adjacent property owners. We are now ready to accept the maintenance of the parcel section of S.H. 392 beginning 1.1 miles west of Barnesville and extending northeasterly for approximately 6.6 miles. Prior to accepting the maintenance of this section of S.H. 392, we need to have a commitment from the County that they will accept the abandoned portions of S.H. 392 onto their system. I have attached a map showing the section of S.H. 392 that we will take over the maintenance upon conclusion of these negotiations and the section of S.H. 392 that would be abandoned to the County. For your convenience, I have also attached a sample letter of commitment and map that you may wish to use. However, it is not required that this format be used. P.O. BOX 850 GREELEY, CO 80632 (303) 353-1232 • x);, Mr. Chuck Carlson Page 2 May 21, 1981 If there are any questions or you need more information relative to the foregoing, we would welcome the opportunity to meet with you. Very truly yours, DWIGHT M. BOWER DISTRICT ENGINEER Al Chotvacs Assistant District Engineer AC:ps Encls. cc: Wayne Smyth, Weld County Engineer D. Fraser J. Peterson L. G. Duncan D. Graham g t Yi ,� A ii , t t fI =f w' t � g it t= p A $2L s k. a a h +F"FG c ]! p 6 S = 1 T F 7 Y'F„ T•C HIV � yY '' ♦ 4.< ;P f v a Hello